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South Dakota Public Utilities Commission Meeting
April 13, 2021, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

         Commissioner Chris Nelson called the meeting to order. Present were Commission Attorney: Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorney: Kristen Edwards; Staff Analyst: Eric Paulson; Staff: Kaitlyn Baucom; Darla Pollman Rogers, Riter Rogers LLP representing RC Technologies and Venture Vision Inc.; Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing Tatanka Ridge Wind,  LLC; Kara Semmler, South Dakota Telecommunications Association; and Bob Mercer, Keloland News.

         Joining the meeting by telephone were Commissioners: Kristie Fiegen and Gary Hanson; Commission Attorney: Karen Cremer; Staff Attorney: Amanda Reiss; Staff Analysts: Brittany Mehlhaff; Darren Kearney, Jon Thurber, Patrick Steffensen and Joseph Rezac; Consumer Affairs Manager: Deb Gregg; Pipeline Safety Program Manager: Mary Zanter; Robin Thoreson and Scott Bostrom, RC Technologies; Randy Houdek, Venture Vision Inc.; Jesse Bermel, Mark Croissant, Sarah Emery, and Troy Beal, Tatanka Ridge Wind, LLC; Jason Keil and Todd Brink, Black Hills Power Inc. dba Black Hills Energy; Richard Bell, self; R. Sonny Rivers, self; and Katelyn Lynch-Butcher and Adam Jablonski, MidAmerican Energy Company.

Consumer Reports

         The Commission received a total of 42 contacts since the last report was prepared for the April 1, 2021, Commission meeting.
         
          Seven contacts were related to telecommunications services, 17 contacts were related to electric services, six contacts were related to natural gas services, two contacts were related to the Do Not Call Registry, two contacts were related to wind energy and eight contacts were related to issues not regulated by the PUC.

          536 of the 550 contacts received in 2021 have been resolved.

Telecommunications

1.      TC21-007      In the Matter of the Application of RC Technologies for an Amended Eligible Telecommunications Carrier Designation in the Milbank Exchange (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

         Ms. Darla Pollman Rogers, Riter Rogers LLP representing RC Technologies, asked that the Commission amend the ETC designation to update its name to RC Technologies and to include in the RC Technologies’ current ETC designation in the Milbank exchange, the RDOF census blocks as listed in Exhibit A of the application. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve RC Technologies’ request and its request to waive the two-year plan requirement.

         Commissioner Fiegen moved to approve RC Technologies’ request to amend its ETC designation to update its name to RC Technologies and specifically include in the RC Technologies’ current ETC designation in the Milbank exchange, the RDOF census blocks as listed in Exhibit A of the application and approve RC Technologies’ request to waive the two-year plan requirement. Motion carried 3-0.

2.      TC21-009        In the Matter of the Application by Venture Vision, Inc. for Designation as an Eligible Telecommunications Carrier in the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

         Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Venture Vision, Inc., asked that the Commission approve Venture Vision, Inc.’s application for designation as an Eligible Telecommunications Carrier for the areas shown on Exhibit A of the application. Mr. Eric Paulson, staff analyst, recommended that the Commission approve Venture Vision Inc.’s request and a two-year plan waiver. Chairman Nelson asked that Venture Vision make a supplemental filing to Exhibit A.

         Commissioner Hanson moved to approve Venture Vision, Inc.’s application for designation as an Eligible Telecommunications Carrier for the areas to be shown on Exhibit A of the application and approve the waiver of the two-year plan. Motion carried 3-0.

Administration

1.      AA21-001       In the Matter of Clarification of the Commission’s ETC Certification Process (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

         Mr. Joseph Rezac, staff analyst, recommended that the Commission waive certain certification requirements as found in ARSD 20:10:32:54 and waive the June 1, 2021, filing deadline as found in 20:10:32:52, and establish the filing deadline as July 1, 2021. Ms. Kara Semmler, South Dakota Telecommunications Association, agreed with staff’s recommendation.

         Commissioner Nelson moved to waive certain certification requirements as found in ARSD 20:10:32:54 and the June 1 filing deadline as found in ARSD 20:10:32:52 and set July 1, 2021, as the deadline by which ETCs shall file their annual certification petitions. Motion carried 3-0.

Electric

1.      EL19-026        In the Matter of the Application by Tatanka Ridge Wind, LLC for a Permit of a Wind Energy Facility in Deuel County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber, Joseph Rezac; Staff Attorneys: Kristen Edwards, Amanda Reiss)

         Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing Tatanka Ridge Wind, LLC, requested the Commission grant Tatanka Ridge Wind, LLC’s Motion for Extension to Comply with Condition 29. Ms. Kristen Edwards, staff attorney, stated that staff had no objection to the Motion. A discussion took place regarding the necessity for waivers of all subparts of Condition 29.

         Commissioner Fiegen moved to grant Tatanka Ridge Wind, LLC’s Motion for Extension to Comply with Condition 29 until August 5, 2021, and provide staff with bi-monthly updates through August 5, 2021. Motion carried 3-0.

2.      EL21-011        In the Matter of the Application of Black Hills Power, Inc., dba Black Hills Energy to Amend its Cogeneration and Small Power Production Service Tariff (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)

         Mr. R. Sonny Rivers, representing himself, asked that the Commission grant his request for intervention. Mr. Richard Bell, representing himself, asked that the Commission grant his request for intervention. Mr. Todd Brink, Black Hills Power, Inc. dba Black Hills Energy, did not object to the intervention requests. Ms. Kristen Edwards, staff attorney, recommended that the Commission grant intervention to the parties that filed.

         Commissioner Hanson moved to grant intervention to Mr. R. Sonny Rivers and Mr. Richard Bell. Motion carried 3-0.

Rule Making

1.      RM19-001       In the Matter of the Adoption of Rules Regarding Rate Filing, Energy Facility Plans, Siting Rules, Local Exchange Competition, Telecom Services, Pipeline Safety, and Stray Voltage (Commission Attorney: Adam de Hueck)

         A lengthy discussion took place for docket RM19-001. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2021, April 13, 2021, recording located at: https://puc.sd.gov/commission/media/2021/puc04132021.mp3 

         Commissioner Nelson moved to adopt the rule changes as filed on March 31, 2021, and, adopt final rules regarding Rate Filing, Energy Facility Plans, Siting Rules, Local Exchange Competition, Telecom Services, Pipeline Safety, and Stray Voltage.

         Commissioner Hanson moved to amend the main Motion and revise ARSD 20:10:22:33.02(5) in accordance with Staff’s comment letter filed on March 31, 2021. Motion carried 3-0.

         The Main Motion, as Amended, carried 3-0.

There being no further business, at the hour of 10:31 a.m. the South Dakota Public Utilities Commission meeting adjourned.    

/s/Macy Jo Murren            .
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
April 13, 2021